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(영문) 광주지방법원해남지원 2020.07.07 2018가단1732
소유권이전등기 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s Defendant (Appointed Party) C, Appointed D, E, F, G, H, and I.

Reasons

1. Basic facts

A. As to the entire land of Jeonnam-do Jindo, Jindo (hereinafter “the entire land of this case”), Dong K completed the registration of ownership transfer due to sale on January 10, 1973 on January 12, 1973. Defendant B completed the registration of ownership transfer on February 8, 2007 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Real Estate Ownership Registration Act”) on November 17, 1984 pursuant to the ownership transfer registration due to the sale on November 17, 1984 (No. 3303 of the receipt of the Gwangju District Court’s registration office; hereinafter “the ownership transfer registration of this case”).

B. The deceased on January 19, 2009, and the deceased K’s heir as the deceased’s spouse D and the Defendant (Appointed Party) C, the Appointed Party E, F, G, H, I (hereinafter “the deceased K’s heir”).

[Reasons for Recognition] Uncontentious Facts, Gap's 1, 2, 3 evidence, Eul's 1 to 7 evidence (including each number), Eul's testimony, Eul's testimony, the result of a request for surveying and appraisal to the Do governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) On March 1, 1973, the part (c) part (hereinafter “instant land”) of the ship connected in order to each point of 1, 2, 3, 4, 5, 6, 7, 31, 30, 28, 29, and 1 of the attached drawings among the entire land of this case from the deceased M in the order of 341 square meters (hereinafter “instant land”).

After purchasing the above ground building and then residing from the place to the 1984, the director was to remove the above building thereafter, but thereafter, the above building is occupied while cultivating crops in the land of this case.

As such, the Plaintiff occupied the land of this case in a peaceful and open manner from March 1, 1973 with the intention of possession. Since the prescription period for possession was completed around March 1, 1993, the Plaintiff’s heir, who is the real owner of the land of this case, due to the completion of the prescription period for possession of the land of this case.

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